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2017 DIGILAW 706 (JK)

Mohd. Sageer v. State

2017-08-22

JANAK RAJ KOTWAL

body2017
JUDGMENT : Heard. Notice. 1. Mr. Rohit Kapoor, AAG waives notice on behalf of the official respondents. 2. Having regard to the grievance of the petitioner and the relief sought, this writ petition is taken up for final disposal. 3. Vide impugned Government Order No.547-Edu of 2017 dated 16.08.2017, one Raj Kumari, herein respondent No. 4, on her transfer from the post of ZEO, Kanuyian, Poonch has been posted as ZEO, Balakote against available vacancy. It is provided in the order that this shall relieve Sh. Mohammad Sageer, herein petitioner, Headmaster from look after charge of ZEO, Balakote. 4. It is pointed out by learned counsel for the petitioner that the petitioner vide Government Order No. 366-Edu of 2017 dated 29.06.2017 read with Government Order No. 395-Edu of 2017 dated 06.07.2017 on his transfer from the post of Senior Headmaster, HS Sangiote was posted as ZEO, Balakote on look after basis and by a subsequent order No. 1096-DSEJ of 2017 dated 09.08.2017, the post of Headmaster Sangiote was filled up by posting one, Iqbal Singh there. 5. Petitioner feels aggrieved and challenges the impugned order, firstly, on the ground that he is approaching the age of superannuation in the month of April, 2018 and his transfer will cause him hindrance in preparation of his pension papers which he is in the process of submission. Secondly, he challenges the impugned order on the ground that no place of posting has been given to him, which will cause further difficulty in preparation of his pension papers. Learned counsel for the petitioner states at the bar that the transfer of respondent No.4 as ZEO, Balakote has been stayed by a coordinate Bench of this court today. Statement of learned counsel is taken on the record. 6. This writ petition, having regard to the fact that petitioner attains the age of superannuation within less than a year hereafter, is disposed of by directing respondent No.1 to accord consideration to retaining the petitioner as ZEO, Balakote or give him any other posting in District, Poonch. Till such a decision is taken, transfer of the petitioner shall remain in abeyance. 7. Petitioner produces a copy of this order in the office of the Director, School Education, Jammu, herein respondent No.2.